United States - Anti-Dumping and Countervailing Duties on Ripe Olives from Spain - Status report regarding implementation of the DSB recommendations and rulings by the United States

United States – Anti-Dumping and Countervailing Duties on Ripe Olives from Spain

Status Report regarding implementation of the
dsb recommendations and rulings
by the United States

The following communication, dated 16 January 2023, from the delegation of the United States to the Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 21.6 of the DSU.

 

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The United States submits this report in accordance with Article 21.6 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU).

 

On December 20, 2021, the Dispute Settlement Body ("DSB") adopted its recommendations in United States – Anti-Dumping and Countervailing Duties on Ripe Olives from Spain (WT/DS577).  At the following DSB meeting, on January 25, 2022, the United States informed the DSB of its intention to implement the recommendations of the DSB in connection with this matter.  On July 1, 2022, the EU and the United States informed the DSB that they had agreed that the reasonable period of time for the United States to implement the recommendations of the DSB would end on January 14, 2023.

 

On July 5, 2022, the U.S. Trade Representative requested that the U.S. Department of Commerce ("Commerce") initiate a proceeding under section 129 of the Uruguay Round Agreements Act to address the DSB's recommendations relating to Commerce's countervailing duty investigation on ripe olives from Spain.  On July 6, 2022, Commerce initiated a section 129 proceeding.  After initiating, Commerce issued questionnaires to the interested parties seeking additional information.  On September 23, 2022, Commerce issued a preliminary determination.  After issuing the preliminary determination, Commerce provided interested parties the opportunity to submit comments on the issues and analysis in the preliminary determination, and then to submit rebuttal comments.  Commerce reviewed those comments and rebuttal comments and took them into account in preparing the final determination, which it issued on December 20, 2022, in which Commerce revised certain aspects of its original determination.  Specifically, Commerce revised aspects of its analysis and determinations with respect to the calculation of one respondent's subsidy rate, the determination of specificity, and the calculation of subsidies for processed agricultural products under section 771B of the Tariff Act of 1930 (the Act).  On January 12, 2023, the U.S. Trade Representative directed Commerce to implement those determinations.  Notice of the completed implementation for the new determination was issued on January 13, 2023, and will shortly be published in the U.S. Federal Register.  Accordingly, the United States has completed its implementation of the DSB's recommendations in this dispute.